cannabis Dec 2017 outreach presentation FINAL 64 passed November 2016, allowing recreational cannabis use for adults (AUMA) SB 94 adopted June 2017

12/4/2017

1

December 2017Public WorkshopState Water Resources Control Board

1

Meeting Agenda

Cannabis Cultivation Policy Overview: 10:00am –12:00pm (noon)

Lunch (on your own): 12:00pm (noon) – 1:00pm

Cannabis General Order Overview: 1:00pm –1:30pm

Water Rights Overview: 1:30pm – 2:00pm

Cannabis General Order and Small Irrigation Use Registration Portal Introduction: 2:00pm – 4:00pm

2

State Water Board Public WorkshopsDecember 1, 2017

895 Aerovista Place, Suite 101

San Luis Obispo, CA 93401

December 6, 2017

200 South School Street

Ukiah, CA 95482

December 8, 2017*

1001 I Street, 2nd Floor

Sacramento, CA 95814

* The Sacramento meeting will be webcast at: https://video.calepa.ca.gov/.

December 13, 2017

364 Knollcrest Drive, #205

Redding, CA 96002

December 15, 2017

1011 Waterfront Drive

Eureka, CA 95501

December 19, 2017

1685 E Street

Fresno, CA 93706

December 21, 2017

2375 Northside Drive, Suite 100

San Diego, CA 92108

3

All workshops are scheduled to run from 10:00 am to 4:00 pm. For more information please visit: www.waterboards.ca.gov/cannabis.

Background Three bills adopted in 2015 –

Assembly Bills (AB) 243 and 266; Senate Bill (SB) 643 (MMRSA)

SB 837 adopted in June 2016 –included clean up language for three 2015 bills (MCRSA)

Proposition 64 passed November 2016, allowing recreational cannabis use for adults (AUMA)

SB 94 adopted June 2017 –consolidated provisions of MCRSA and AUMA and established the Medicinal and Adult-Use Cannabis Regulations and Safety Act (MAUCRSA)

4

“The state board or appropriate regional board shall address discharges of waste resulting from cannabis cultivation under [MAUCRSA] and associated activities, including by adopting a general permit, establishing waste discharge requirements…”

State Water Board Responsibilities

Water Code Section 13276(b)

5

Ensure individual and cumulative effects of water diversion and discharge associated with cannabis cultivation do not affect instream flows needed for fish spawning, migration, and rearing, and flows needed to maintain natural flow variability

State Water Board Responsibilities(continued)

Business and Professions Code Section 26060.1(b)(1)

6

12/4/2017

2

• Develop policy for water quality control to establish principles and guidelines (requirements) for cannabis cultivation:• Shall include measures to

protect springs, wetlands, and aquatic habitat from negative impacts of cannabis cultivation

• May include requirements for groundwater extractions

State Water Board Responsibilities (continued)

Water Code Section 13149(a)(1)(A)7

General OrderWaste Discharge

Regulatory Program (State Water Board,

Water Quality)

Policy for Water Quality

ControlRequirements

(State Water Board)

Small Irrigation Use Registration

Program(State Water Board,

Water Rights)

California Department of Food and Agriculture’s

CalCannabis Cultivation Licensing

Cannabis Policy Regulatory Flow

8

Cannabis Cultivation Policy -Status October 17, 2017 - Cannabis Cultivation Policy and

Cannabis General Order adopted by State Water Board

November 2, 2017 - Cannabis Cultivation Policy submitted to Office of Administrative Law (OAL) for review and approval December 19, 2017 - Review period is expected to

conclude

Goes into effect upon OAL approval

9

Cannabis Cultivation Policy

10

• Cannabis Cultivation Policy:• Policy describes overall structure of Water Boards

proposed cannabis cultivation regulatory program, water quality and instream flow requirements

• Policy is categorically exempt from California Environmental Quality Act (CEQA), provided it does not relax standards• Class 8 action under CEQA – action taken by regulatory

agency for protection of environment within regulatory process

Cannabis Cultivation Policy(Principles and Guidelines for Cannabis Cultivation)

• Main Document

• Attachment A: Cannabis Cultivation Requirements• Section 1 – Definitions, General Requirements, and

Prohibitions

• Section 2 – Requirements for Water Diversion and Waste Discharge (10 subsections)

• Section 3 – Numeric and Narrative Instream Flow Requirements

• Section 4 - Watershed Compliance Gage Assignments

• Section 5 – Planning and Reporting

• Section 6 – Useful Guidance Documents

11

Cannabis Cultivation Policy (Main Document)

Provides overview of Water Boards’ program and context for how it fits in with other cannabis regulatory programs

Establishes 14 regions throughout state for instream flow requirements

Continuing authority to amend Policy

Describes how Policy will be enforced

12

12/4/2017

3

Map of Regional Boundaries

Definitions, General Requirements & Prohibitions Definitions are considered a component of

Requirements

Rules and authorities applicable to all cultivators, including:

Right of access by agencies to inspect for compliance

Laws about tribal lands and cultural resources

General water quality rules such as riparian setbacks, limitations on slope of land being disturbed

Cannabis General Water Quality Certification16

Qualified Professional - Definition

Qualified Professional means: individuals licensed in California under Professional Engineer Act,

Geologist and Geophysicist Act, and Professional Land Surveyors’ Act

a California Registered Professional Forester (RPF), and a Qualified Storm Water Pollution Prevention Plan

(SWPPP) Developer (QSD)

Licensed Contractor - In California, anyone who contracts to perform work that is valued at $500 or more in combined labor and material costs must hold a current, valid license from California Contractors’ State License Board; licensed contractors are classified as general engineering, general building, or specialty contractors

Should only perform work they are qualified to do

17

Land Disturbance Definition Land areas where natural conditions have been modified

in a way that may result in an increase in turbidity in water discharged from the site

Disturbed land includes areas where natural plant growth has been removed whether by physical, animal, or chemical means, or natural grade has been modified for any purpose

Land disturbance includes all activities whatsoever associated with developing or modifying land for cannabis cultivation related activities or access

Disturbed land includes cultivation areas, storage areas where soil or soil amendments (e.g., potting soil, compost, or biosolids) are located

18

12/4/2017

4

Watercourse Definitions (Class I, II, III, & IV)

Perennial watercourse (Class I*): 1. In the absence of diversions, water is flowing for more than nine months

during a typical year, 2. Fish always or seasonally present onsite or includes habitat to sustain

fish migration and spawning, and/or 3. Spring: an area where there is concentrated discharge of ground water

that flows at the ground surface. A spring may flow any part of the year. For the purpose of this Policy, a spring does not have a defined bed and banks

Intermittent watercourse (Class II*): 1. In the absence of diversions, water is flowing for three to nine months

during a typical year, 2. Provides aquatic habitat for non-fish aquatic species, 3. Fish always or seasonally present within 1,000 feet downstream, and/or 4. Water is flowing less than three months during a typical year and the

stream supports riparian vegetation.

19

Watercourse Definitions Cont’d Ephemeral watercourse (Class III*):

In absence of diversion, water is flowing less than three months during a typical year and stream does not support riparian vegetation or aquatic life

Ephemeral watercourses typically have water flowing for a short duration after precipitation events or snowmelt and show evidence of being capable of sediment transport

Other watercourses (Class IV*): Do not support native aquatic species and are man-made,

provide established domestic, agricultural, hydroelectric supply, or other beneficial use

* Except where more restrictive, stream class designations are equivalent to the Forest Practice Rules Water Course and Lake Protection Zone definitions (California Code of Regulations, title 14, Chapter 4. Forest Practice Rules, Subchapters 4, 5, and 6 Forest District Rules, Article 6 Water Course and Lake Protection)

20

Minimum Riparian Setbacks

21

* Cannabis cultivators enrolled in a Regional Water Board order adopting waste discharge requirements (WDRs) or a waiver of WDRs for cannabis cultivation activities prior to October 17, 2017, may retain reduced setbacks applicable under that Regional Water Board order unless Regional Water Board’s Executive Officer determines that reduced setbacks applicable under that order are not protective of water quality

Common NameWatercourse

ClassDistance*

Perennial watercourses, waterbodies (e.g. lakes, ponds), or springs

I 150 ft.

Intermittent watercourses or wetlands II 100 ft.

Ephemeral watercourses III 50 ft.

Man-made irrigation canals, water supply reservoirs, or hydroelectric canals that support native aquatic species

IVEstablished

Riparian Vegetation Zone

All other man-made irrigation canals, water supply reservoirs, or hydroelectric canals

IV N/A

Compliance with Other General Requirements Cannabis cultivator shall comply with all applicable

federal, state, and local laws, including but not limited to: Clean Water Act

California Water Code

All applicable state, city, county, or local regulations

California Department of Fish and Wildlife requirements (Lake and Streambed Alteration Agreement, etc.)

CAL FIRE requirements

CEQA and National Environmental Policy Act22

Slope Restrictions for Grading Cannabis cultivators located on slopes greater than 30%

and less than 50% must submit a Site Erosion and Sediment Control Plan to Regional Water Board Executive Officer for any cannabis-related land development or alteration Plan shall be approved by applicable Regional Water Board

Executive Officer prior to cannabis cultivator initiating or expanding any land disturbance

Regional Water Board Executive Officer may deny request to conduct new land disturbance activities for cannabis cultivation if local conditions (e.g., soil type, site instability, proximity to a waterbody, etc.) do not allow for adequate erosion and sediment control measures to ensure discharges to waters of the state will not occur

23

Tribal/Cultural Resource Requirements Cultivation prohibited on tribal lands or within 600 feet of tribal

lands without express written permission of governing body of affected tribe

No cultivation shall occur within 600 feet of an identified tribal cultural resource site

Prior to land disturbance for new or expanded cannabis cultivation activities: Perform records search of potential Native American archeological or

cultural resources at a California Historical Resources Information System (CHRIS) information center

Request search of Sacred Lands Inventory – maintained by Native American Heritage Commission

Upon discovery of any buried archeological indicators or human remains, ground disturbing activities must cease and appropriate authorities notified

24

12/4/2017

5

Land Disturbance Forecast Monitoring During land disturbance activities cultivator shall review

and evaluate applicable daily forecast and 24 hour forecast at least once per 24 hour period and maintain records

Cultivator shall cease land disturbance activities and implement erosion control requirements described in Policy during any 24 hour period with daily forecast or 24 hour forecast that reports a 50 percent or greater chance of precipitation For Lake Tahoe Hydrologic Unit, trigger is 30 percent or

greater chance of precipitation greater than 0.1 inch per 24 hours

25

General Water Quality Certification Water Boards may issue a water quality certification for a class

or classes of activities that, as here, are the same or similar, or involve the same or similar types of discharges and possible adverse impacts to water quality if it determines that these activities are more appropriately regulated under the general certification rather than an individual certification

Regional Board may include specific monitoring requirements for turbidity and other constituents that may be associated with activity to ensure applicable state water quality standards are met

Projects that do not meet criteria for coverage under the General Water Quality Certification must apply for individual certification

26

Cannabis Cultivation Policy (Requirements for Water Diversion and Waste Discharge)

Specific requirements for cultivation activities, such as:• General erosion control measures for entire cultivation site

• Stream crossings and installation, culverts, road development

• Management of fertilizers, pesticides, and petroleum

• Cleanup, restoration, and mitigation on existing sites

• Proper soil, cultivation, and human waste disposal

• Control of irrigation runoff

• Appropriate methods of water diversion and storage

• Maximum diversion rate: 10 gallon per minute (unless otherwise approved in existing water right)

• Winterization

Attachment A, Section 2 28

Limitations on Earthmoving

Construction Equipment Use and Limitations

Erosion Control

Access Road/Land Development and Drainage

Drainage Culverts

Limitations on Earthmoving Grading activities shall not be

conducted on slopes exceeding 50 percent grade, or as restricted by local county or city permits, ordinances, whichever is more stringent

Finished cut and fill slopes shall not exceed slopes of 50 percent and should conform to the natural pre-grade slope whenever possible

Designs by qualified professionals

30

12/4/2017

6

Construction Equipment Use and Limitations

Employ spill control and containment practices to prevent discharge of fuels, oils, solvents and other chemicals to soils and waters of the state

Designate an area outside riparian setback for equipment storage, short-term maintenance, and refueling

Frequently inspect equipment and vehicles for leaks

Immediately clean up leaks, drips, and spills

Make repairs and wash equipment off site

31

Erosion Control Use appropriate erosion

control measures to minimize erosion to prevent discharges of waste

Design, work schedule, and implementation of cannabis cultivation activities shall incorporate erosion control

Measures shall be effective in protecting water quality.

Monitor erosion control measures during and after each storm event that produces at least 0.5 inch per day or 1.0 inch per 7 days of precipitation*

32

Access Road/Land Development Obtain all required permits and

approvals prior to construction of any access road

Shall be constructed consistent with requirements of California Code of Regulations Title 14, Chapter 4. The Handbook for Forest, Ranch, and Rural Roads (Road Handbook) describes how to implement regulations

Decommission or relocate existing roads away from riparian setbacks whenever possible

Requires work to be performed by qualified professionals and licensed contractors, as applicable

33

Drainage Culverts Designed to

accommodate estimated 100-year flood flow, including debris and sediment loads

Designed and sized by a qualified professional.

Use 15- to 24-inch diameter pipes, at minimum; in forested areas with a potential for woody debris, a minimum 18-inch diameter pipe shall be used to reduce clogging

34

Riparian Vegetation Avoid damage to native

riparian vegetation Avoid damage to oak

woodlands; cultivators shall plant three oak trees for every one oak tree damaged or removed

Riparian trees over four inches diameter at breast height (dbh) shall be replaced by similar native species at a ratio of three to one (3:1)

Revegetation plan requirements

36

12/4/2017

7

Limitations on Work in Watercourses and Permanently Ponded Areas

Temporary Watercourse Diversion and Dewatering: All Live Watercourses

Watercourse Crossings

Limitations on Work in Watercourses and Permanently Ponded Areas Obtain all applicable permits and approvals prior to

doing any work in or around waterbodies or within the riparian setbacks Permits may include section 404/401 Clean Water Act

permits, Regional Water Board WDRs (when applicable), and a California Department of Fish and Wildlife Lake and Streambed Alteration Agreement

Additional requirements that minimize amount of work or disturbance instream or in riparian corridor

Requirements related to use of heavy equipment in a watercourse

38

Temporary Watercourse Diversion and Dewatering: All Live Watercourses

(Flowing Water)

Requirements covering diversion and dewatering of live watercourses Intended to be in addition to or backstop to 404/401

Clean Water Act permits and Lake and Streambed Alteration Agreements

General requirements for construction and removal of cofferdams and dewatering of streams

Protections for fish and other aquatic wildlife

39

Watercourse Crossings Designed by qualified

professional Allow for unrestricted

passage of water and shall be designed to accommodate estimated 100-year flood flow and associated debris

Allow migration of aquatic life during all life stages supported or potentially supported by that stream

40

Soil Disposal & Spoils Management Store soil, construction, and waste materials outside

riparian setback except as needed for immediate construction needs

Separate large organic material (e.g., roots, woody debris, etc.) from soil materials Either place large organic material in long-term,

upland storage sites, or properly dispose of materials offsite

Store erodible soil, soil amendments, and spoil piles to prevent sediment discharges in stormwater

42

12/4/2017

8

Riparian & Wetland Protection & Management Do not disturb aquatic or

riparian habitat unless authorized under a Clean Water Act 404/401, Regional Water Board WDRs (when applicable), or a California Department of Fish and Wildlife Lake and Streambed Alteration Agreement

Maintain existing, naturally occurring, riparian vegetative cover (e.g., trees, shrubs, and grasses) in aquatic habitat areas to maximum extent possible

In addition to required riparian setbacks

44

Water Supply, Diversion, and Storage

Water Conservation and Use

Irrigation Runoff

Water Supply, Diversion, and Storage

Maximum instantaneous diversion rate of 10 gallons per minute

Must have a California Department of Fish and Wildlife (CDFW)-approved water-intake screen (e.g. fish screen)

Fuel powered diversion pumps shall be located outside riparian setbacks

Must plug, block, disconnect, or remove diversion intake associated with cannabis cultivation activities during forbearance period

46

Water Supply, Diversion, and Storage (cont.)

Shall install and maintain measuring device(s) for surface water, including subterranean stream, diversions Measuring device shall be, at a minimum equivalent to

requirements for direct diversions greater than 10 acre-feet per year in CCR, Title 23, Division 3, Chapter 2.7

Shall maintain daily diversion records for water diverted for cannabis cultivation Must maintain separate record to document amount of water used for

cannabis cultivation separated out from amount used for other beneficial uses

Must maintain records at cultivation site and make records available to State Water Board, CDFW, or authorized representative

Records shall be maintained for a minimum of five years Groundwater diversions may be subject to additional requirements

if deemed necessary to implement purposes of Policy

47

Water Supply, Diversion, and Storage (cont.)

Onstream storage reservoirs are prohibited unless appropriative water right has been obtained

Requires that off-stream storage reservoirs and ponds are sited and designed or approved by a qualified professional in compliance with Division of Safety of Dams (DSOD), county, and/or city requirements, as applicable

Bladders are discouraged and must have secondary containment capable of capturing 110 percent of maximum capacity

48

12/4/2017

9

Water Conservation and Use Implement water conserving irrigation methods (e.g.,

drip or trickle irrigation, micro-spray, or hydroponics)

Maintain daily records of all water used for irrigation of cannabis Daily records may be calculated by use of a

measuring device or, if known, by calculating the irrigation system rates and duration of time watered

Records shall be retained on site for a minimum of five years

49

Irrigation Runoff Regularly inspect for leaks in:

water diversion

delivery system

irrigation system Must immediately make necessary repairs

Minimize irrigation deep percolation by applying irrigation water at agronomic rates

Irrigation systems shall be designed to include redundancy and cannabis cultivators shall regularly replace worn, outdated, or inefficient irrigation system equipment

50

Fertilizers, Pesticides, and Petroleum Products Use of agricultural chemicals

inconsistent with product labeling, storage instructions, or Department of Pesticide Regulation requirements for pesticide applications is prohibited

Requirements ensure proper use, storage, and handling of fertilizers, pesticides, and petroleum products

Keep spill clean up materials on site

Separate storage and secondary containment requirements

52

Cultivation Related Waste Cannabis plant material may be disposed of onsite in compliance

with applicable CDFA license conditions Contain and regularly remove all debris and trash Dispose of debris and trash at an authorized landfill or other

disposal site in compliance with state and local laws, ordinances, and regulations

Proper reuse of spent growth medium may include incorporation into garden beds or spreading on a stable surface and revegetating surface with native plants (Composting)

54

12/4/2017

10

Refuse and Domestic Waste

Requirements related to disposal of trash and domestic waste at cultivation site

Ensure that ALL trash or any substance which could be hazardous to any life stage of fish and wildlife or their habitat (includes food sources) does not contaminate soil or enter riparian setback or waters of the state

56

Winterization Complete all winterization Requirements prior to onset of

winter period (If not, telephone region and submit site-specific compliance schedule)

Winter period defined in definitions section as calendar dates from November 15 to April 1, except as noted under special County Rules in CCR, title 14, sections 925.1, 926.18, 927.1, and 965.5. Following special rules or basin plan requirements apply:

Santa Clara County, Santa Cruz County, and Monterey County: October 15 to April 15;

Marin County: October 1 to April 15; and Lahontan Regional Water Board: October 15 to May 1 (for

elevations above 6,000 feet).

Regional Water Board may require additional site-specific erosion and sediment control requirements

58

Cannabis Cultivation Policy(Numeric and Narrative Instream Flow Requirements)

Narrative Instream Flow Requirement:

50% of streamflow shall be bypassed past point of diversion

Surface water forbearance period: April 1 – October 31, possibly later depending on precipitation

Initial diversion before December 15 may not commence until after seven consecutive days with flow above numeric instream flow

Numeric Instream Flow

Diversions can only occur when daily average flow at assigned gage is above minimum instream flow requirement

Diverters shall measure and record daily water diversion and use


12/4/2017

11

Cannabis Cultivation Policy(Numeric and Narrative Flow Requirements)

61

Groundwater Requirements:• Aquatic base flow thresholds established as one mechanism to help

monitor whether groundwater diverters are having a cumulative negative impact on instream flows

• If it is determined that groundwater diversions have potential to significantly affect surface water supply, forbearance periods or other measures may extend to groundwater diverters

Attachment A, Section 3

Cannabis Cultivation Policy(Numeric and Narrative Flow Requirements)

62Attachment A, Section 3

Fully Contained Springs:

• Springs that do not run off a property in the absence of diversion and do not have surface or subsurface hydrologic connectivity at any time of year during all water year types may request to be exempt from numeric instream flow and forbearance period (requires substantial evidence)

• Requirements related to submittal of substantial evidence are in addition to any information provided in Form B4

• Springs deemed exempt are subject to 50% visual bypass and Groundwater Requirements

First Year – Flow Requirements for Installation of Storage Cannabis cultivators diverting under a valid water right or

claim of water right and without storage: First year of the Surface Water Dry Season Forbearance Period

(April 1, 2018 through October 31, 2018) is waived; may only divert during this period in a manner consistent with their permit/license or claim of right

All other applicable requirements of Policy shall remain in force Shall file for a Cannabis Small Irrigation Use Registration or

submit an application for an appropriative water right permit to obtain storage sufficient to support cannabis cultivation during forbearance period prior to diverting water for cannabis cultivation during the 2018 forbearance period (April 1, 2018)

As soon as possible after storage has been authorized, following conclusion of winter period and any necessary approvals, cannabis cultivators shall begin installing and diverting to off-stream storage to prepare for a potential curtailment during the dry season of 2018 (triggered by the Aquatic Base Flow Numeric Instream Flow Requirement) 63

Retail Water Suppliers Flow requirements shall not apply to retail water suppliers

(as defined in Section 13575 of Water Code) unless any of the following apply: Retail water supplier has 10 or fewer customers and

delivers water that is used for cannabis cultivation; Retail water supplier delivers 10 percent or more of

diverted water to one or more cannabis cultivator(s) or cannabis cultivation site(s), as established by an assessor’s parcel number;

25 percent or more of the water delivered by retail water supplier is used for cannabis cultivation; or

A cannabis cultivator and the retail water supplier are affiliates, as defined in California Code of Regulations, title 23, section 2814.20.

64

Cannabis Cultivation Policy (Watershed Compliance Gage Assignments)

Policy establishes minimum monthly flows at compliance gages

Watershed areas without existing gages are assigned a compliance gage for a different location in same watershed or a nearby watershed with similar flow characteristics

During diversion season, cannabis cultivators are required to check their compliance gage assignment at least daily and prior to diverting water to ensure water is available to divert at assigned gage

Compliance gage assignments may change as more information becomes available


12/4/2017

12

Cannabis Cultivation Policy(Planning and Reporting)

Section 5

Specifies plans and reports that are needed, such as:

Site management plan

Erosion and sediment control plan

Nitrogen management plan

Site closure plan

More detail provided in Cannabis General Order

Section 6 Useful Guidance Documents

Links to helpful water quality facts and documents

Attachment A, Sections 5 and 6 68

Contact Information

Cannabis Policy Questions [email protected]

Cannabis Small Irrigation Use Registration Questions [email protected]

916.319.9427

Cannabis General Order (WDRs/Waivers) Questions [email protected]

916.341.5580

70

Meeting Agenda

Cannabis Cultivation Policy Overview: 10:00am –12:00pm (noon)

Lunch (on your own): 12:00pm (noon) – 1:00pm

Cannabis General Order Overview: 1:00pm –1:30pm

Water Rights Overview: 1:30pm – 2:00pm

Cannabis General Order and Small Irrigation Use Registration Portal Introduction: 2:00pm – 4:00pm

71 72

12/4/2017

13

73

Waste Discharge Requirements(WDRs)

The State and Regional Water Boards identify sources of pollutants that threaten water quality and regulate those sources by imposing requirements to control the discharge of pollutants. The permits, called WDRs are based on the laws, regulations, and policies designed to protect water quality.

Cannabis General Order 74

General WDRs

State Water Board or a Regional Water Board may prescribe general WDRs if determined that the discharges:

1) are produced by the same or similar operations

2) involve the same or similar types of waste

3) require the same or similar treatment

4) are more appropriately regulated under general WDRs than individual WDRs

Cannabis General Order

75

Waiver of WDRs

• WDRs may be waived by State Water Board or a Regional Water Board as to a specific discharge or type of discharge if it’s determined that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest

• A waiver may not exceed five years in duration, but may be renewed by State Water Board or a Regional Water Board


General Order

Adopted by State Water Board on October 17, 2017

Implements requirements of Cannabis Cultivation Policy

Recognizes other permitting requirements may apply, but does not implement those requirements

If applicable, requires water rights compliance, but a water right is not provided in General Order

76Cannabis General Order

General Order Approach Generally based on North Coast and Central Valley

Regional Water Board orders (2015)

General Order requirements are tiered based on threat to water quality Disturbed area, slope, and setbacks

Conditional exemptions apply for some cultivation activities

All cannabis related activities must comply with applicable Best Practicable Treatment or Control (BPTC) requirements in Attachment A


Disturbed AreaDisturbed Area/Disturbed Land/Land Disturbance

Where natural conditions have been modified in a way that may result in an increase in turbidity discharged from a site

Disturbed area includes: areas where natural plant growth has been removed, or

natural grade has been modified for any purpose

all activities associated with developing or modifying land for cannabis cultivation related activities or access

Access roads that are designed, constructed, and maintained consistent with Handbook for Forest, Ranch, and Rural Roads, are not considered disturbed areas for purpose of tier determination 78

12/4/2017

14

79

General Order Discharger Classifications

Non-Commercial Personal use exemption Not required to enroll or pay a fee

Commercial Conditional Exemption (indoor & outdoor) Requires coverage under Waiver of WDRs &

pay a one time fee Tier 1 and Tier 2 Requires enrollment under General Order, pay

enrolment fee, and annual fee thereafter


Personal Use ExemptionExempt from CDFA licensing requirements

Max 1,000 ft2 disturbed area on slope ≤ 20%

Contiguous cultivation area

Complies with setback requirements

Implements all applicable requirements in Attachment A

Subject to applicable water rights requirements

Coalitions or cooperatives cannot claim this exemption


Conditional Exemption (indoor) Commercial cultivation – CDFA license required

Indoor means within a structure with a permanent roof and relatively impermeable floor

Discharge industrial wastewater to: community sewer consistent with their requirements

on-site wastewater treatment system covered by separate regulatory authorization

No cultivation size limits


Subject to applicable water rights requirements81Cannabis General Order 82

Conditional Exemption (indoor)continued

1 2 3

4 5 6Cannabis General Order

Conditional Exemption (outdoor)

Commercial cultivation – CDFA license required

Max 2,000 ft2 disturbed area on slope ≤ 20% slope

Contiguous cultivation area (all in one place)

Complies with setback requirements




Tier 1 or Tier 2 Enrollees Commercial cultivation – CDFA license required

Tier determination is based on disturbed area Tier 1 disturbs more than 2,000 ft2, less than 43,560 ft2

Tier 2 disturbs more than one acre


Enrollment under the General Order is required

Sites are further characterized by risk Low, moderate, high



12/4/2017

15

Tier 1 & Tier 2 Risk Designations (Slope and Setback Compliance)

Low Risk Moderate Risk High Risk

No portion of the disturbed area is located on a slope greater than

30 percent

AND

All of the disturbed area complies with the setback

requirements

Any portion of the disturbed area is located on a slope greater than

30 percent,

AND

All of the disturbed area complies with the setback

requirements

Any portion of the disturbed area is located

within the setback requirements


Reporting RequirementsConditionally Exempt Dischargers

Site Closure Report – due 90 days prior to termination

Tier 1 and Tier 2 Dischargers

Low Risk – Site Management Plan and Site Closure Plan

Moderate Risk – add Site Erosion Sediment Control Plan (EO approval)

High Risk – add Disturbed Area Stabilization Plan

(EO approval)

Large area cultivation sites – add Nitrogen Management Plan

Monitoring and Reporting Program (MRP)


87

Monitoring and Reporting

• Reports are necessary to ensure compliance with General Order

• MRP can be revised by Regional Water Board EO• Reports due March 1• Include:

• Facility status • Site maintenance status• Stormwater runoff monitoring


Monitoring and Reporting (cont.)


Facility Status • All Tier 1 and Tier 2 (report)

Winterization Measures Implemented

Tier Status Confirmation

Third Party Identification

Nitrogen Application, if applicable

89


Site Maintenance Status • Tier 1 and Tier 2, Moderate or High Risk

(observations)

Surface water runoff Soil erosion control

Sediment capture Erosion/Sediment capture maintenance

Stabilization of disturbed areas

Materials storageerosion/spills prevention

Holding tank, septic tank, or chemical toilet



Stormwater Runoff Monitoring• Tier 1 and Tier 2, High Risk (monitoring)

Turbidity pH


• Instruments must be calibrated• Representative samples of discharge• Monitoring all months until winterization is

complete

12/4/2017

16

General Order Summary All commercial cannabis activities require coverage under the

General Order Waiver or General Order

Existing enrollees in the Region 1 and Region 5 orders:

Transition to the statewide General Order by July 1, 2019 Existing facilities can operate within existing setbacks (unless

Regional Water Board Executive Officer determines not protective of water quality)

Previously exempt commercial cultivators under Region 1 and Region 5 orders must apply for coverage

All applications will be on-line via Internet

Tier 1 and 2 cultivators have technical report requirements


Questions?

92

State Water Resources Control Board

Division of Water Rights

Outline

Overview of California Water Rights

State Water Board’s role in water source documentation and water rights for cannabis cultivations

Small Irrigation Use Registrations

94

General Water Rights Principles

All water belongs to people of the state

Water rights are a right to the use of water

Water use must be reasonable and beneficial

95

Water Rights in California Riparian Water Rights

Appropriative Water Rights (Post-1914) Application

Permit

License

Registration (est. 1989) Expedited water rights for certain small projects

Small Domestic, Small Irrigation, and Livestock Stockpond

96

12/4/2017

17

Riparian Water Rights

Applies only to natural flow

Exist through ownership of land abutting stream

Can be put to any reasonable, beneficial use on riparian property

Usually have priority over appropriative rights

CANNOT store

97

All owners of property adjacent to a stream have right to reasonable use of water from the stream

Appropriative Water Rights

Water Rights for diversion of water on parcels that do not abut a stream. Also, for storage of water on any parcel

98

First in time, First in Right

Limited to amount historically used (cannot be increased)

Can lose the right due to non-use (more than 5 years)

State Water Board

Water Rights oversight includes: Permitting & administration of post-1914 water rights

Reasonable use of all water rights, including pre-1914 and riparian

Protection of the public trust with regard to all rights, including pre-1914 and riparian

99

Examples of Surface Water Requiring a Water Right

River

Stream

Creek

Gully (surface water channels)

Pond

Lake

Reservoir

Hydrologically Connected Subsurface Flow

Spring located on the diverter’s property that runs off the property at any time during the year

100

“Percolating” Groundwater

All groundwater not part of a subterranean stream

Regulated by Sustainable Groundwater Management Act (local agencies and state)

Complex rules for use among neighbors

101

Do I need a water right?

Water Source(s) for Cannabis Cultivation

Surface Water or Subterranean

Stream Diversion

Fully Contained Springs, or

Groundwater Recordation, or

WatermasterRegulated

Percolating Groundwater

Rainwater Catchment

Water Purveyor

Not managed by State Water

Board. Submit water source

documentation to CDFA

CalCannabis

Form B4


102

Other valid water right

with storage

Water right must provide storage to ensure supply for Cannabis Policy

forbearance period.

12/4/2017

18

Water Rights Forms for Cannabis Cultivators

Form B4 Form B5*


(SIUR)

Initial Statement of Water Diversion and

Use (ISDU) & Special Use

Attachment*

103

*Forms “B5” and ISDU submitted to State Water Board by October 31, 2017 deadlinemay be provided to CDFA CalCannabis as interim water source documentation; you

still must obtain an appropriative right (Small Irrigation Use Registration)

Who needs a water right? Small Domestic Use Registration

For domestic water users

6 cannabis plants or less

More than 6 cannabis plants and less than 100 square feet cultivation

Cannabis General Order Personal Medical Use Exemption

Small Irrigation Use Registration Commercial cannabis cultivator

For sale, trade, or barter

104

When do I apply for Small Irrigation Use Registration?

ALL CASES – we recommend obtaining your SIUR as soon as possible

If you have an existing water right and submitted your Initial Statement or Form b5 by October 31, 2017: 2018 forbearance period is waived (with potential for

curtailment*) if you obtain SIUR prior to diverting during the forbearance period (April 1 – October 31, 2018)

If you currently have no water right: Obtain SIUR prior to diverting during forbearance period

105* See slide in Cannabis Policy presentation for more information

Small Irrigation Use Registration(SIUR) Must comply with General Conditions, California

Department of Fish and Wildlife (CDFW) Conditions, and Cannabis Policy

Obtain SIUR certificate through State Water Board’s online cannabis application portal

Max Diversion Amount: Up to 6.6 Acre-Feet per Year (AFY)

Max Diversion Rate: 10 Gallons per Minute (GPM)

Allows water diversion to storage during wet season November 1 through March 31 (see Cannabis Policy for

limitations)

Imposes forbearance period during dry season April 1 through October 31, possibly longer depending on flows

106

SIUR Limitations Will not be issued for diversions from:

Fully Appropriated Streams

Wild and Scenic Rivers

CDFW Instream Flow Study Area Public Resource Code section 10002

Must obtain Tribal approval if within 600 feet of Tribal lands

107

Water Availability Analysis Statewide Predictive

Model Multiple methods based

on cannabis cultivation regions

Identify watersheds that may become Fully Appropriated

Cultivators would need to submit site-specific water availability analyses to demonstrate a reasonable likelihood that water is available for their use

Northern CA Coastal Watersheds in development

108

12/4/2017

19

Cannabis Program - Online Portal Overview

109

Water Boards Cannabis Websitewww.waterboards.ca.gov/cannabis

110

APPLICANT Enters information

Obtain Cannabis Program Portal Account

Answers water quality and water rights questions

Self-certifies compliance with General Order, Cannabis Policy, Registration Conditions

CANNABIS PROGRAMS PORTAL

Generates Notice of Receipt with fee invoice for General Order & for Water Rights as applicable

Stores information for upload to CIWQS & eWRIMS

APPLICANT Pays fees to State Water

Board within 30 days

WATER BOARDS Sends Notice of Applicability

to applicant

Sends Small Irrigation Use certificate to applicants

Adds technical report(s) required to eSMR

WATER BOARDS Review reports for compliance

Inspects facilities for compliances and answers applicant questions

Cannabis Programs Portal Process

111 112

Section E

Section DSection CSection BSection A

General Order Screening Questions

GIS ToolApplicants & Property

Information

Diversion Project

Description

Water Estimator

Self‐Certification Confirmation

GIS Map Maker Payment

Water Right Certificate Issued

WaterRights

Screening Questions

General Order Specific

QuestionsScreens for WSR/ FAS Diversions

Cannabis Program Portal Process Flow

Notice of Applicability

Issued

113

Section ACannabis General Order Eligibility Screening Questions

1. Applying for Coverage under the Cannabis General Order

2. Completely Indoor Cultivation3. Outdoor Cannabis Cultivation

Activities4. Personal Use Exemption

Compliance with Conditions

Section E

Section C

Section BWater Source is Surface Water

Water Storage MethodAll water will be stored offstream for cannabis cultivation

Point of Diversion Location GIS ToolSeason of Diversion

Water DiversionCurrently Diverting?Existing water rights?

Cannabis Cultivation Water Use Estimator

Project DescriptionDiversion Works

Completion Schedule

Complete Applicant and Property Information

Submission Page

GIS Place of Use MapPoint of Diversion ConfirmationPlace of Use Information (APN)

Additional Documentation Requirements

CDFW ConfirmationWater Rights Self‐ConfirmationInformation Practices Act

Flow Chart ‐ Surface Water Diversion – Off Stream Storage

12/4/2017

20

115

Section B Water Source Surface Water & Storage Method

Check all applicable water resources

Select storage method

Section B

116

Section B Point of Diversion Location & Seasons of Diversion

117

Go to Section C – Applicant and Property Information

Section B Water Diversion Currently Diverting? Existing water rights?

118

1. Cannabis Cultivation Site and Contact Information

2. Cultivator /Diverter Information3. Property Landowner Information (1)4. Additional Property Landowner (1)5. Address Where Legal Notice may Be Served6. Billing Information7. General Order Third‐Party Representative/

Agent8. Water Rights Agent/Third‐Party

Representative

Section C Complete Applicant and Property Information

119

Section C Complete Applicant and Property Information

If applicants has identical information to the address and contact information provided on a previous page, you will be able to choose to auto fill from drop down list.

120

Section D Cannabis General Order Questions

12/4/2017

21

121


122


123

Section E Cannabis Cultivation Water Use Estimator

124

1. Gallons per Plant per Day

2. Number Qty of Plants3. Irrigations Days

4. Incidental Uses Amount (Gallons per Year)

5. Automatically calculates for annual water use

Section E Cannabis Cultivation Water Use Estimator Cont.

125

Section E Cannabis Cultivation Water Use Estimator Cont.

How do you find Stream Name and Tributaries?

126

Section E Project Description

12/4/2017

22

127

Mandatory Field

Reservoir Information if Applicable

Section E Project Description Cont.

128

Section E Diversion Works & Completion Schedule

129

Click icons to grab, and drop it on the map as accurate as possible

Section E GIS Place of Use MapSection E

130

Automatically Fills according to Mapped coordinates in the previous page.

Mandatory Field

Point of Diversion Confirmation

131

Section E Place of Use Information

132

Section E California Department of Fish & Wildlife Confirmation

Option 1 is the fastest method

12/4/2017

23

133

Section E Water Rights Self‐Confirmation

134

Section E Information Practices Act

135

Submission Page

Click to Preview Application

136

Notice of Receipt – General Order

137

Notice of Receipt – Small Irrigation Use Registration

Fees A separate fee is required for Cannabis General Order

(WDR/Waiver/Conditionally Exempt) and Small Irrigation Use Registrations (SIURs)

Payment must be received by State Water Board within 30 days of issuance of Notice of Receipt(s) – submittal of application(s) via online cannabis portal Issuance of WDR/Waiver WDR notice of applicability and

SIUR certificate is contingent on receipt of fee payment and annual payments

Make sure all mailed fee payments include Notice of Receipt pay stub and write the invoice number on the payment

138

12/4/2017

24

Fee Payment Options Initial fee payments are currently accepted by:

Cashier’s check or money order

Check

Online ACH payment via checking or savings account

State Water Board is evaluating fee payment options via: Cash

Credit Cards

139

Current WDR/Waiver/Conditionally Exempt Fees Application and annual fees are same; both paid to State Water

Board Tier 1 – Dischargers with disturbed area greater than 2,000

square feet and less than one acre Low Risk: $600 Moderate Risk: $1,800 High Risk: $4,800

Tier 2 – Dischargers with disturbed area equal to or greater than one acre Low Risk: $1,000 Moderate Risk: $3,000 High Risk: $8,000

Waiver of WDR – indoor or conditionally exempt sites $600 (paid each time an application for coverage is submitted,

initial coverage and annual renewals)140

Current Cannabis SIUR and Statement Fees SIUR Application (Filing) Fee: $750

Covers first year

Paid to State Water Board

SIUR Annual Fee: $750 Billed by and paid to California Department of Tax and

Fee Administration

Cannabis Statement (including supplemental Statements): $200

141

Current (Fiscal Year 17-18) Fee Webpages Water Quality:

https://www.waterboards.ca.gov/resources/fees/docs/fy1718_fee_schedule.pdf Page 13, Item (b) – Statewide General WDR for

Discharges of Waste Associated with Cannabis Cultivation

Water Rights:https://www.waterboards.ca.gov/waterrights/water_issues/programs/fees/docs/fy1718_finalfeeschedulesummary.pdf Small Irrigation Use Registration for Cannabis Cannabis Statement Filing Fee

142

Fee Branch Contact Info General questions or if you would like information

regarding stakeholder outreach (please include your contact information) can be sent to the following email address: [email protected]

Sign up to receive email updates regarding fees:https://www.waterboards.ca.gov/resources/email_subscriptions/swrcb_subscribe.html For Water Quality - Check the box next to “Fee

Regulations - Water Quality” under “General Interests” For Water Rights – Check the box next to “Water

Rights Fees” under “Water Rights”

143 144

Certificate GIS Map

Water Right Certificate issued

12/4/2017

25

Section B

145

Calcu

lates b

ased on th

e GIS m

ap

locatio

n

Flow Chart ‐ Rejection on Fully Appropriate System and Wild and Scenic River

Approved but Restricted Season of DiversionMust follow diverting

season shown

Water SourceWater Storage Method

Point of Diversion LocationGIS mapping

RejectionWild & Scenic River Designated System

RejectionYear‐around Fully Appropriate River

RejectionFish & Wildlife Restricted

Flow

Water Diversion

Continue the process

Section CComplete Applicant and Property

Information

Not Eligible

146

1. When your POD is located at Fully Appropriate Stream System ‐ Restricted Season, you will see the season begin and end. You must follow diverting season indicated

Section B Approved but Restricted Season of DiversionMust follow diverting season shown

147

Not Eligible Screens

Checklist for Completing Application Reliable high speed internet connection Contact information for cultivators, diverters, property/landowners, and agents;

Water Rights Items All existing water right numbers (Small Domestic Registration, Initial Statement, Permit, License, etc.) or other

water right information; Point of Diversion (POD) and Water source information (Name, Location, stream characteristics, etc.); Place of Use (POU) information (APN, parcel acreage, cultivation acreage, non-cannabis irrigation acreage,

number of plants); Diversion Works information (method and conveyance specifics); Information on water use for cannabis plants (gallons or acre feet), the planned number of irrigation days, and

irrigation rate; Planned water use amounts for any incidental uses (aesthetic, fire protection, recreational, or fish and wildlife) in

gallons per year and a justification for the amount; Offstream storage information such as number of existing tanks/bladders, number of proposed tanks/bladders,

existing capacity, and proposed capacity; Project description (area to be graded, diversion operation, and complete or proposed project features); Project Completion Schedule

Cannabis General Order Items Waste Discharge Identification Number (WDID) if currently enrolled in General Waiver R1-2015-0023 or General

Order R5-2015-0113; Size of cultivation area and disturbed area (in square feet); Site information, including slope of disturbed area and setback distances; Native American tribe authorization if your cannabis cultivation site is or will be on or within 600 feet of tribal lands.

148

Contact Information

Cannabis Policy Questions [email protected]

Cannabis Small Irrigation Use Registration Questions [email protected]

916.319.9427

Cannabis General Order (WDRs/Waiver) Questions [email protected]

916.341.5580

149 150